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Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... subsequent transferee from a person claiming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady had independent advice and she properly understood the terms of the deeds before she executed the same. 2. Facts in short n...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas......free will carried out." The same view was again reiterated by the Judicial Committee in the case of Hem Chandra V. Suradhani Debya, AIR 1940 P.C. 134. 7. For the legal position of the question of burden of proof there are innumerable decisions of the super..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......(Civil)
Present:
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye B......t of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he was employed as an Overseer on Ju..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
.... Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 November, 1953 is a usufructuary mortgage, is not based on proper consideration of the evidence on record and that the question of limitation has been erroneou................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortg......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ules though the basis of reasoning that was followed, led them to the inevitable conclusion that the conviction requires to be quashed both on the ground of mala fide and the absence of review by the proper authority and, therefore, the learned Judges were impelled to give certificate under Articl......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe......onstruction and repair work done in the Dak-Bungalow of the Rabiya Kabir Kalyan Trust and similar work done in his paternal home at Doshpara at the expense of the Government through corrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-...Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... the High Court all funds and moneys, to be paid into Court and all securities to be placed to the credit of any such causes, shall be transferred, paid, or placed to the account or credit of the proper officer of the Court to whom moneys paid into Court usually paid in the exercise of ordin......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ts says, inter alia, that nothing in this Part shall apply to the provisions of any disciplinary law relating to members of disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline of the force- Sub-Article (5) of A......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,...... Justice. Ruhul Islam J.— These four appeals by special leave arise from different judgments of the High Court Division in writ petitions filed by the respondents separately calling in question legality of the orders impugned therein. Respondents being members of the Police Service holding t..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....d started a Kindergarten School in a portion of the ground floor of the two-storied building and the School continued till her death. After the death of her husband was claiming half of the entire, properties which led the Respondent No. 1 to file the partition suit in the Court of the First Sub-......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………......ard authority and the Government authority and the Court has very little to do with these things, unless they became relevant to decide the public purpose. But to declare the requisition order as illegal and to have been passed without legal authority amounts to a complete denial of the realities..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....rule (4) provides that the Presiding Officer shall send the packets and account prepared by him and such other records as may have been received by him to the Returning Officer without delay under proper escort. 10. At the trial election of Chairman was challenged on various allegations, ...... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer...... were mainly made the subject matter of the election petition. In the election petition it was alleged, inter alia,- (a) That the respondent was wrongly declared as elected Chairman illegally showing that he secured 335 votes more than the votes secured by the petitioner. The result ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rit Jurisdiction of the High Court Division under Article 102(5). What is needed here is not so much as the reinterpretation on the article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows that Bangladesh Constitution envisages a ......s also Reported in: ......litary law, and that he was wrongfully held in custody. The writ issued and on the return, it was submitted that the arrest and subsequent detention of the applicant by the military authorities was illegal, because he was arrested in Belgium contrary to Belgium law, and his arrest was not in complia..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....land or on water, in direct connection with the operation of the vessel; (iv) claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connection with the operation of the ve......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
.... requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action will be taken by the Govt." 3. This affected the properties of the appellant, namely, C.S.Plot Nos. 12446, 12447, 12448, appertaining to Khatian No...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors……………………………&hell......es and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action will be taken by the Govt." 3. This affected the prop..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... 2. The question is whether the house property of the assessee should be valued under rule 8(9) or rule 8(3) of the Wealth Tax Rules. The assessee respondent owned the Free School Street properties being a Housing estate. The Company is engaged in the business of acquiring ho......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....ce to the credit of the profit and loss account. (ii) The liabilities shown in the balance sheet shall be carefully scrutinised so as to exclude every item which is not a liability proper, (iii) If according to the accounting system followed by the assessee the ori......h;For the Appellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. ......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/104 annas share of the properties descri......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......n Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-app..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....e cost of the Company as well as respondent No 1. It was further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......eeting of the company was held and the company failed to pay its huge debts resulting in complete deadlock. These findings of facts are based on proper appraisal of the evidence on record and no illegality or irregularity could be pointed out by the learned Counsel for the appellant calling for ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... in: 34 DLR (AD) 37. ......xpiry of 60 days if no decision is taken by the second parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority." 5. He further prayed for a direction on the Second Pa..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....vable Property Tax Rules, 1957 reads as follows:— "10. Amendment and alteration—The Assessing Officer may amend or alter the valuation and tax payable for a holding. (a) by entering any property which in his opinion ought' to have been entered or which has become liable to tax after th......is Case is also Reported in:......he respondent was not competent to file the Writ Petition. 9. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held that the Oil Storag..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....Article 7 of the said President's Order reads as follows: "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances reserve funds, investments and all other rights and i...... CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: ...... surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. The said ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....en in the definition unless there is anything contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 14. Section 25 of the Act of 1965 is as follows: "(1)......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......) Act, 1965 (hereinafter referred to as the Act). On merit the High Court found that the Labour Court could not go behind the findings of a domestic enquiry, as its duty was only to see whether the legal requirements prescribed by section 18 of the Act were complied with or not. After finding tha..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Profulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- ......However, it will depend on the facts of a particular case to see whether there has been default in payment of rent in terms of the statute, but once the fact is established in terms of the Ordinance, legal consequence flowing there from cannot be averted. 5. All that is needed is to see whether o..Category: Tenancy Law | Date: | Hits: 116
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